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* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 05.02.2019 & 23.08.2022 Date of decision: 25.11.2022 + LA.APP. 691/2011 and CM Appl. Nos.6239/2018, 10341/2018 and 43237/2021 VED PRAKASH DECD THR LRS ..... Appellant Through:
versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Sanjay Kumar Pathak, Advocate for UOI Mr. Pradeep Dewan, Sr.
Advocate With Ms. Swati Bhardwaj, Advocate for R-4 Mr. Tarun Johri and Mr. Ankur Gupta, Advocate for DMRC + LA.APP. 696/2011 and CM Appl. Nos. 19493/2022 and
19494/2022 DEVINDER MEHRA ..... Appellant Through: Mr.Ishaan Chawla, Advocate versus UNION OF INDIA & ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 701/2011 SANJAY KHANNA ..... Appellant Through: Mr.Rajesh Yadav, Sr. Advocate With Ms.Ruchira V. Arora, Advocate versus UNION OF INDIA & ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 702/2011 ROMESH C KHANNA DECD THR LRS & ORS..... Appellant Through: Mr.Rajesh Yadav, Sr. Advocate With Ms.Ruchira V. Arora, Advocate versus UNION OF INDIA & ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 711/2011 PRAMOD MEHRA ..... Appellant Through:
versus UNION OF INDIA & ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 712/2011 and CM Appl. Nos.6243/2018 and
10342/2018 SANJAY KHANNA HUF THR ITS KARTA & ORS ..... Appellants Through:
versus UNION OF INDIA & ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 29/2012 and CM Appl. Nos.3716/2014 and 3718/2014 SUSHIL KUMAR MALIK & ORS ..... Appellant Through:
versus UNION OF INDIA & ANR ..... Respondent Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 208/2014 and CM Appl. No. 6130/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus ROMESH C KHANNA (DECEASED) THR LRS THR POA PURUSHOTAM DHIR ..... Respondent Through: Mr.Rajesh Yadav, Sr. Advocate With Ms.Ruchira V. Arora, Advocate Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 209/2014 and CM Appl. Nos. 6137/2014 and
6138/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus CHAMAN LAL MEHRA (DECD) THR LRS & ORS. ... Respondents Through: Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 212/2014 and CM Appl. No. 6273/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus VED PRAKASH (DECD) THR LRS & ORS ..... Respondents Through: Mr.Pradeep Dewan, Sr.
Advocate With Ms.Swati Bhardwaj, Advocate for R-3 Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 213/2014 and CM Appl. Nos. 6277/2014, 31989/2022 and 31990/2022 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus SANJAY KHANNA HUF & ORS ..... Respondents Through: Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 214/2014 and CM Appl. No. 6300/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus SANJAY KHANNA & ANR ..... Respondents Through: Mr.Rajesh Yadav, Sr. Advocate With Ms.Ruchira V. Arora, Advocate Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 216/2014 and CM Appl. No.6648/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus PRAMOD MEHRA & ANR ..... Respondents Through: Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 48/2014 and CM Appl. No. 2148/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI.
versus ANOOP DHAWAN & ANR ..... Respondents Through: Mr.Jagat Rana, Adv for R-1 Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 713/2011 PC KHANNA, DECD. THRU LRS. ..... Appellant Through:
versus UOI & ORS. ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 59/2014 and CM Appl. No.2973/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus SHRI P C KHANNA THR LRS AND ORS ..... Respondents Through: Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 717/2011 and CM Appl. No.3735/2014 PC KHANNA & SONS HUF ..... Appellant Through:
versus UNION OF INDIA & ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 700/2011 PC KHANNA ..... Appellant Through:
versus UOI AND ANR ..... Respondents Through: Mr.Sanjay Kumar Pathak, Advocate for UOI Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC + LA.APP. 90/2014 and CM Appl. Nos. 3276/2014 and
3277/2014 UNION OF INDIA ..... Appellant Through: Mr.Sanjay Kumar Pathak, Advocate for UOI versus P C KHANNA (DCED) THR LRS & ORS ..... Respondents Through: Mr.Tarun Johri and Mr.Ankur Gupta, Advocate for DMRC CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J Applications for Condonation of Delay
1. The applications for condonation of delay filed by the land owners, Union of India and the DMRC have been considered and delay condoned vide orders dated 24.11.2011, 25.11.2011, 17.11.2011, 09.12.2015, 06.08.2014, 13.02.2012 and 14.01.2022. Applications under Order 41 Rule 27 of the CPC filed by the Union of India which vide order dated 19.03.2015 and 06.07.2022 have been disposed of to the effect that their documents sought to be placed on record were being taken on record with their evidentiary value to be considered at the time of consideration of the appeals.
Appeals
2. LA.APP. 691/2011 is the lead case.
3. The LA Appeals bearing numbers LA.APP. 691/2011, LA.APP. 701/2011, LA.APP. 29/2012, LA.APP. 696/2011, LA.APP. 711/2011 and LA.APP. 712/2011 are appeals filed by persons whose land, pursuant to notification No. F.7(26)/2000/L&B/LA/13537 dated 15.12.2000 under Section 4 of the LA Act, 1894 and declaration vide notification No.F.7(26)/2000/L&B/LA/MRTS/16126 dated 14.02.2001 under Section 6 of the said enactment, was acquired by the Government for construction of Mass Rapid Transit System, and the Land Acquisition Collector assessed the market value of the land and awarded the compensation @ Rs.9,900/- per sq. meter, pursuant to which the reference under Section 18 of the Land Acquisition Act, 1894 was made by the persons whose land was acquired situated at Chhatra Marg, Mall Road, Civil Station and Kingsway Camp, Delhi.
The LA Appeals bearing numbers LA.APP. 700/2011 and LA.APP. 717/2011 are appeals filed by persons whose land, pursuant to notification No. F.7(35)/95/L&B/LA/11/5316 dated 12.06.1997 under Section 4 of the LA Act, 1894 and declaration vide notification No. F.7(35)/95/L&B/LA/11/8918 dated 28.07.1997 under Section 6 of the said enactment, was also acquired by the Government for construction of Mass Rapid Transit System, and the Land Acquisition Collector assessed the market value of the land and awarded the compensation @ Rs.6,300/- per sq. meter, pursuant to which the reference under Section 18 of the Land Acquisition Act, 1894 was made by the persons whose land was so acquired situated at Sham Nath Marg, Delhi.
The LA Appeals bearing numbers LA.APP. 713/2011 are appeals filed by persons whose land, pursuant to notification No. F.7(35)/95/L&B/LA/Vol. VIII/12212 dated 12.11.1999 under Section 4 of the LA Act, 1894 and declaration vide notification No. F.7(35)/95/L&B/LA/Vol. VIII/14861 dated 18.01.2000 under Section 6 of the said enactment, was also acquired by the Government for construction of Mass Rapid Transit System, and the Land Acquisition Collector assessed the market value of the land and awarded the compensation @ Rs.6,930/- per sq. meter, pursuant to which the reference under Section 18 of the Land Acquisition Act, 1894 was made by the persons whose land was so acquired situated at Sham Nath Marg, Civil Station, Delhi.
4. Vide the award dated 14.07.2011, the learned ADJ-02, vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 15/1/06 forming subject matter of LA APP.691/2011;
vide award No. 7/DCN/2001-2002 in relation to Chhatra Marg, Civil Station qua LAC 298/1/06, which is the subject matter of LA APP.
701/2011;
vide award No. 7/DCN/2001-2002 in relation to the Chhatra Marg, Civil Station qua LAC 297/1/06 forming subject matter of LA APP.
702/2011;
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 20/1/06 forming subject matter of LA APP. 711/2011;
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 18/1/06 forming subject matter of LA APP. 712/2011;
vide award No. 7/DCN/2001-2002 in relation to the Village Mall Road, Civil Station qua LAC 14/1/06 forming subject matter of LA APP. 29/2012, vide award No. 7/DCN/2001-2002 in relation to Kingsway Camp, Mall Raod qua LAC 387/1/06, forming subject matter of LA APP.
696/2011;
vide award N
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